T3686 - 14 May
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Pasminco Metals - EZ and Federation of Industrial, Manufacturing and Engineering Employees
Re: allocation of duties during ordinary hours, shift changeovers and paid shower-time REASONS FOR DECISION In this matter Pasminco Metals - EZ (Pasminco) sought the assistance of the Commission to resolve the issue of paid shower time that should be available to employees who are members of The Federation of Industrial Manufacturing and Engineering Employees (FIMEE). The dispute was first notified to the Commission in February 1992. However negotiations were commenced in July last year. Subsequent proceedings in the Commission did not advance the respective positions of the parties. In the latest hearing held on 12 May 1992 Mr Nally and Mr Long who appeared for FIMEE, confirmed that a specially convened joint working party had also failed to reach agreement of this issue. The current paid shower time arrangements vary with some employees permitted to take up to 25 minutes from the time that they leave their work station. Mr Nally submitted that a reduction to 10 minutes actual showering time, which means 10 minutes commencing from when an employee arrives at the change house door would result in the employees concerned coming in to line with other sections of the plant where employees, who are also members of FIMEE, observe the foregoing arrangement. As well as achieving uniformity Mr Nally informed the Commission that limiting paid shower time to 10 minutes (walking time would be additional) would result in significant cost savings. In that regard Exhibits N3 to N6 showed a notional saving of $1,024,650 per annum. Mr Nally requested that I endorse a 3 month trial period during which time the revised showering time arrangements could be assessed. He said that monthly review meetings would be held with FIMEE and that any unresolved issues arising out of these meetings would be referred to the Commission. Mr Long referred the Commission to existing arrangements and expressed particular concern about the implications that a reduction in paid shower time may have in the Cell Room. I was informed by him of a 1974 Wages Board ruling which stated that the work in the Cell Room was "arduous" and that cell stripping should only be undertaken for six hours in an eight hour period. Mr Nally assured the Commission that whilst Cell Room employees would be expected to undertake duties other than stripping cells, in the event paid showering time was reduced to 10 minutes, the current quota of six cells per employee would not be exceeded. On that point I confirm the observations I made to the parties in the proceedings that before any change is made to the quota of the number of cells each employee is required to strip, that the entire Cell Room operation be reviewed having regard to all factors including those relating to occupational health. I reiterate my recommendation to the parties that this kind of review may be conducted under the auspice of the Commission provided that a properly framed application is made in the first instance. Having regard to all of the submissions made and the material presented in these proceedings, I now determine as follows:
In conclusion I consider it appropriate to remind the employees in question that paid showering time is not an award provision. Indeed in many awards that contained provisions of this kind, including morning and afternoon tea breaks, rationalisation occurred as far back as the implementation of 4 per cent second tier arrangements. I recognise that at Pasminco paid showering time arrangements have applied by way of custom and practice. However since then there has been a reduction in the hours of work and significant structural efficiencies have been implemented. In all of the circumstances I consider that the proposal by Pasminco to trial the new paid showering time arrangements, notwithstanding the slight variations made by the Commission as set out above, are fair and reasonable. I request the co-operation of employees with this trial including a common sense approach to walking time which was not sought to be removed by Pasminco.
R K Gozzi Appearances: Date and place of hearing: |